Australian visa applicants and hepatitis Review of decision If you are not granted a health waiver, you may be able to appeal this decision with the Administrative Appeals Tribunal (AAT). These are called merits reviews. Currently an application for a review costs $1,787. The AAT will reconsider all the original information and any new information since the Department’s decision, and may determine that you meet the health requirement and refer the case back to the Department for final processing of your visa application. To give yourself the best chance of success at the Tribunal, you will need to have a Registered Migration Agent or lawyer specialising in migration and/or Tribunal work to help prepare your case and make submissions on your behalf. This Tribunal process can be costly and take a lot of time, but it may be the only way to get your permanent residency approved. For more information, speak to your Registered Migration Agent, specialist lawyer, or visit the AAT website: http://www.aat.gov.au/ Information and support You can get information and support from a lawyer or Registered Migration Agent. Registered Migration Agents are qualified to assist you with your visa application process. For more information, call the Office of the Migration Agents Registration Authority on 1300 226 272 or contact the following: Migrant Information Centre (Eastern Melbourne) Suite 2, Town Hall Hub, 27 Bank Street, Box Hill, Victoria. 3128 Telephone: 03 9285 4888 (for referrals from eastern suburbs of Melbourne only) Website: www.miceastmelb.com.au Email: [email protected] Refugee & Immigration Legal Centre Inc (RILC) Level 6, 20 Otter Street, Collingwood, Victoria. 3066 Telephone: 03 9413 0101 Website: www.rilc.org.au Email: [email protected] The Australasian Society for HIV Medicine (ASHM) ASHM has also developed a template to support clinicians who have patients with chronic hepatitis B and are applying for a permanent visa, which can be found here: www.ashm.org.au/products/product/hepbandimmigration Translated versions of this resource are available at: www.hepvic.org.au/page/1282/Australian-visa-applicants-and- hepatitis. Please see the Hepatitis Victoria website or call the Hepatitis Infoline on 1800 703 003 if you would like more information on hepatitis B or hepatitis C. Thank you to Lachlan Riches, Uyen Vo, and Aye Aye Khaing for their assistance in developing this resource. List of terms Administrative Appeals Tribunal – A body that reviews decisions made by the Australian Government. Department of Home Affairs – An Australian Government department responsible for areas such as immigration, refugees, and citizenship. Health examination – A health test by a medical professional. Health requirement – A set of rules that outline minimum health standards for visa applicants. Health waiver – A decision by the Department that allows someone who does not meet the health requirement to get a visa, if all other visa requirements are met. Medical Officer of the Commonwealth – Someone who decides if a visa applicant meets the health requirement. Merit review – A process where the Administrative Appeals Tribunal reconsiders the information and decision made by the Australian government. Panel physician – A doctor who is approved by the Australian government to perform health examinations. Registered Migration Agent – Someone who is a professional in visa applications. Services in short supply – Examples include organ transplants or blood plasma products. Significant costs – The amount of money an illness is expected to cost above the limit set by the Department. If the MOC determines that you do not meet the health requirement, the Department case officer will send you a ‘natural justice’ letter. If the visa you are applying for has the Public Interest Criterion (PIC) 4007, you will be invited to provide further information and claims in support for a health waiver. Health waivers Not all visas allow you to apply for a health waiver, but many do. A list of visas that have a health waiver provision can be found at: www.border.gov.au/Trav/Visa/Heal/overview-of-the-health- requirement/visas-that-have-a-health-waiver-provision The Department is obliged to consider any factors of a compelling or compassionate nature when deciding whether to grant a health waiver. When writing a formal submission for a health waiver you need to explain that the risks and expenses associated with your health condition will be offset by other things. For example, your skills will be valuable in Australia (as paid or unpaid work); your current financial situation; the cost of medication will be likely to decrease in the future; or your doctor can note medical factors - for example, your present viral load does not indicate the need for ongoing treatment. It is highly recommended that you seek advice from a Registered Migration Agent or lawyer specialising in migration law for this process. I found a doctor who was very helpful in preparing a positive medical report in support of my application. If your health waiver is successful, your visa application will continue. If a health waiver is not granted, your visa will not be approved. English